An application for food assistance may be filed in the Food Assistance Offices, Public Assistance Offices, and Social Security Offices as allowed by Federal Regulations. The Department has adopted the following options and waivers.

1. (1) OPTIONS:

   1. (a) Application Form and Filing: The application form used in Alabama is designed by the state and approved by Food and Consumer Services (FCS) of the U.S. Department of Agriculture. When a household consists entirely of Supplemental Security Income applicants or recipients, the application may be filed at the Social Security office. An application filed by an SSI household at the Social Security Office is taken by an employee of that office as there are no DHR employees housed in the Social Security offices. The Social Security Office shall use the Food and Consumer Service -approved application form.

   2. (b) Interviews: An application interview may be conducted by telephone or home visits in lieu of an office interview under specified circumstances when criteria specified at 273.2(e)(2) in the federal regulations are met.

      All applicant households are entitled to an interview as specified in A. or B. below.

   3. A. Office Interview - Applicant households, including those submitting applications by mail, shall have face-to-face interviews in a food assistance office or other certification site with a qualified eligibility worker prior to initial certification and all re-certifications, unless such interview is waived as discussed in Section B below.

      1. 1. The individual interviewed may be the head of household, spouse, any other responsible member of the household, or an authorized representative. The applicant may bring any person he or she chooses to the interview.
      2. 2. The interviewer shall not simply review the information that appears on the application, but shall explore and resolve with the household unclear and incomplete information.
      3. 3. Households shall be advised of their rights and responsibilities during the interview, including the appropriate application processing standard and the household’s responsibility to report changes.
      4. 4. The interview shall be conducted as an official and confidential discussion of household circumstances. The applicant’s right to privacy shall be protected during the interview. Facilities shall be adequate to preserve the privacy and confidentiality of the interview.

   4. B. Waiver of the Office Interview - The office interview shall be waived if requested by any household which has no earned income, all members are elderly or disabled and the household is unable to appoint an authorized representative.

      1. 1. Unable to appoint an authorized representative and which has no household members able to come to the food assistance office because of hardships, which the county department determines warrant a waiver of the office interview. These hardship conditions include, but are not limited to:

         1. a. Illness
         2. b. Transportation difficulties.
         3. c. Care of a household member.
         4. d. Hardships due to residency in a rural area.
         5. e. Prolonged severe weather.
         6. f. Work hours which preclude an in-office interview.
         7. g. Training or school hours which preclude an in-office interview.

      2. 2. The county department shall determine if the hardship reported by a household warrants a waiver of the office interview and shall document in the case file why a request for a waiver was granted or denied. The county department has the option of conducting a telephone interview or a home visit for those households for whom the office interview is waived. Home visits shall be used only if the time of the visit is scheduled in advance with the household. Waiver of the face-to-face interview does not exempt the household from the verification requirements, although special procedures may be used to permit the household to provide verification and thus obtain its benefits in a timely manner, such as substituting a collateral contact in cases where documentary verification would normally be provided. Waiver of the face-to-face interview shall not affect the length of the household’s certification period. This does not include applications containing ineligible household members whose eligibility is subject to change such as ABAWDS, ineligible students, or ineligible aliens.

         If it is later determined that an application was erroneously denied prior to the interview, the household will be entitled to benefits retroactive to the date of the original application.

      The county department shall also waive the office interview on a case-by-case basis for any household which is:

   5. C. Verification - The State agency is given some leeway regarding required and acceptable verification. Documentation of immigration status presented by an applicant includes, but is not limited to the following forms. Unless indicated, each shows the A-Number of the bearer. Some forms have expiration dates which must be checked and noted during the worker’s visual examination of documentation, and any supporting documents shall be placed in the case record. Documents that demonstrate lawful status include the following:

      1. 1. Alien Lawfully Admitted for Permanent Residence

         1. a. I-551 (Alien Registration Receipt Card, commonly known as a “green card”) or
         2. b. Unexpired temporary I-551 stamp in foreign passport or on I-94.

      2. 2. Asylee - I-94 annotated with stamp showing grant of asylum under Section 208 of the Immigration and Nationality Act (the “INA”).

         1. a. I-688B (Employment Authorization Card) annotated “274a.12 (a) (5).
         2. b. I-766 (Employment Authorization Document) annotated “A5”.
         3. c. Grant letter from the Asylum Office of INS or
         4. d. Order of an immigration judge granting asylum.

      3. 3. Refugee - I-94 annotated with stamp showing admission under Section 207 of the INA.

         1. a. I-688B (Employment Authorization Card) annotated “274a.12 (a) (3).
         2. b. I-766 (Employment Authorization Document) annotated “A3” or
         3. c. I-571 (Refugee Travel Document)

      4. 4. Alien paroled Into the U. S. for at least one year.

         1. a. I-94 with stamp showing admission for at least one year under Section 212(d) (5) of the INS.

      5. 5. Alien whose deportation or removal was withheld.

         1. a. I-688B (Employment Authorization Card) annotated “274a.12 (a) (10)”
         2. b. I-766 (Employment Authorization Document) annotated “A10” or
         3. c. Order from an immigration judge showing deportation withheld under Section 243(h) of the INA as in effect prior to April 1, 1997, or removal withheld under Section 241(b)(3)of the INA.

      6. 6. Alien granted conditional entry. I-94 with stamp showing admission under Section 203(a) (7) of the INA

         1. a. I-688B (Employment Authorization Card) annotated “274a.12 (a) (3)” or
         2. b. I-766 (Employment Authorization Document) annotated “A3”

      7. 7. Cuban/Haitian entrant. I-551 (Alien Registration Receipt Card, commonly known as a “green card”) with the code CU6, CU7, or CH6.

         1. a. Unexpired temporary I-551 stamp in foreign passport or on I-94 with the code CU6 or CU7 or

         2. b. I-94 with stamp showing parole as “Cuban/Haitian Entrant” under Section 212(d) (5) of the INA.

            Note that some forms have been released in several editions so that valid documentation presented by different individuals may not be identical. Any questions about specific cases should be directed to Food Assistance Division.

            Under most circumstances, the eligibility worker should proceed with the primary verification process. However, if alien status cannot be established through the primary verification process initiate the secondary verification process immediately.

            If there are no material differences between the data obtained through SAVE and the information in the alien's immigration documentation and if the eligibility worker is not instructed by SAVE to initiate secondary verification, no further check is required. The county department must make certain, however, that biographical data given matches the alien applicant/recipient. If not, secondary verification must be initiated. Benefits will not be denied or terminated or reduced because of the alien's immigration status without first receiving a response to the secondary verification process.

            The secondary verification process provides a more extensive validation process, including a search of all automated and paper INS files, when problems arise during the visual verification of documentation on the primary check. Secondary verification must be completed prior to the delay, denial, reduction, or termination of benefits to any alien applicant/recipient for reasons of immigration status. Secondary verification in most cases can be accomplished through SAVE. If not, the county office must follow the instructions below. To obtain secondary verification, the county department must forward a completed Document Verification Request, Form G-845, with full readable photocopies of original immigration documents to the following INS File Control Office (FCO) for review:

            

            A separate G-845 and the G-845 supplement (if required) must be completed for each applicant/recipient and should include copies of the documents for that individual only. If a family unit has applied, each member will require a separate G-845. It is recommended that when the G-845 is completed, a copy of the completed form and all documentation is maintained in the case record. All original documentation must be returned to the alien.

            ADDITIONAL INFORMATION

         3. 1. Refer to POE Chapter 4 for other factors which may be relevant to the eligibility of certain aliens and which should be verified if applicable, such as:

            1. a. The date of admission or date status was granted.
            2. b. Military connection.
            3. c. Battered status.
            4. d. If the alien was lawfully residing in the United States on August 22, 1996.
            5. e. Membership in certain Indian tribes.
            6. f. If the person was age 65 or older on August 22, 1996.
            7. g. If a lawful permanent resident can be credited with 40 qualifying quarters of covered work and if any Federal means-tested public benefits were received in any quarter after December 31, 1996.
            8. h. If the alien was a member of certain Hmong or Highland Laotian tribes during a certain period of time or is the spouse or unmarried dependent of such a person.

         4. 2. An alien is ineligible until acceptable documentation is provided unless one of the following applies: The county has submitted a copy of a document provided by the household to INS for verification.

            1. a. The applicant or the county department has submitted a request to Social Security Administration for information regarding the number of quarters of work. If SSA verifies that the individual has fewer than 40 quarters and that they are conducting an investigation to determine if more quarters can be credited, the county department must certify the individual pending the results of the investigation for up to 6 months from the date of the original determination of insufficient quarters.

            2. b. The applicant or the county has submitted a request to a Federal agency for verification of information which bears on the individual’s eligible alien status. The county department must certify the individual pending the results of the investigation for up to 6 months from the date of the original request for verification.

               Shelter and dependent care expenses shall be verified prior to allowing as a deduction. If verification of shelter (rent, mortgage, and taxes and insurance separate and apart from the mortgage) and dependent care expenses may delay the household’s certification, the county department shall advise the household that its eligibility and benefit level may be determined without providing a deduction for the claimed but unverified expense.

               If the expense cannot be verified within the 30 days of the date of application, the county department shall determine the household’s eligibility and benefit level without providing a deduction of the unverified expense. If the household subsequently provides the missing verification, the county department shall handle this as a reported change during the certification period. If the expense could not be verified within the 30 day processing day because the county department failed to allow the household sufficient time (10 days minimum) to verify the expense, the household shall be entitled to the restoration of benefits retroactive to the month of application, provided that the missing verification is supplied in accordance with Section 207C.

         5. 3. The county department may verify SSI benefits through SDX and Social Security benefits through BENDEX, or through verification provided by the household. The county department may use SDX and BENDEX data to verify other information; however, the household shall be given an opportunity to provide verification from another source if the SDX or BENDEX information is contradictory to the information provided by the household. Determination of the household’s eligibility and benefit level shall not be delayed past the application processing time standards of this section if SDX or BENDEX data is unavailable.
         6. 4. Unemployment Compensation Benefit and information is verified through a tape exchange with the Department of Industrial Relations. Information is obtained on new applicants and updated weekly on recipients. Department of Industrial Relations files correct. Other information provided on the exchange may assist in determining the eligibility and benefit levels but is not considered verified without contact with another party on wage information is also provided as a tape exchange. This information is not considered verified until contact with the alleged employer.

         7. 5. Non-quarterly reporting households with unstable situations are certified for 1 or 2 months. All other non-quarterly reporting households are certified for 3-12 months.

            1. a. If the 30th day falls on a weekend or holiday and the requested information is received on the first workday after the weekend or holiday, benefits shall be prorated from the date the information is received. The household shall be given an additional 30 days to take the required action, such as providing requested verification or registering for work those members who were required to register, but did not.
            2. b. If the household takes the required action within the second 30-days, the county department shall reopen the case without requiring a new application. When the household is at fault for the delay in the first 30-day period, but is found to be eligible during the second 30-day period, the county department shall provide benefits only from the month following the month of application. Benefits must be prorated from the date the household takes the necessary action to enable the application to be processed.
            3. c. The household is not entitled to benefits for the month of application when the delay was the fault of the household.
            4. d. If the household does not take the required action within the second 30-days, no further action by the county department is required.

            5. e. Simplified Reporting households in certification that fail to respond to a request for additional information/ verification which results in case closure or termination of benefits may have their benefits reinstated if the requested information/verification is submitted to the county office after the case has closed but before the end of the month following case closure/termination. The county office must have issued a written request advising the household of the additional information/verification it must provide and allowed the household 10 days to provide the requested information/ verification. This policy should also be applied to expedited service households that fail to provide postponed mandatory verification which results in case closure or termination. The county office must have issued a notice of adverse action or appropriate notice of action explaining the reason for case closure.

               The automated notice of action will inform the household that their case can be reopened without a new application if the household provides the missing information/verification by the end of the month. The household must fully resolve the reason for case closure and be eligible for benefits during the reinstatement month and the remainder of the certification period. The household must have at least one month remaining in the certification period after the effective date of eligibility in order to apply these special procedures. Benefits for the month the case is reopened must be prorated. The certification period will be for the month the case is reopened and the months remaining in the current certification period. Reference Chapter 17, Special Procedures for Reopening Six-Month Reporting Cases after Household Fails to Provide Verification, for policy and instructions on reinstatement/reopening six-month reporting cases after the household fails to provide verification which includes expedited service cases with postponed verification that fail to verify.

            Verification of income, medical expenses, utility expenses, and dependent care expenses is required at each recertification. The alien status/citizenship and other questionable information is also required to be verified as are Social Security numbers, if verification has not been completed previously. If by the 30th day the county department cannot take any further action on the application due to the fault of the household, the household shall lose its entitlement to benefits for the month of application.

            On the 30th day following the date the application was filed, a Notice of Denial/Pending Status shall be sent to the household explaining the reason for the denial and what actions the household must take in the second 30 days in order to reopen their case. (See Forms Manual for instructions.) As a Notice of Denial was issued on the 30th day, the application has been processed within the standard of promptness and is not delinquent.

Author: Pamala Pace

Statutory Authority: Food Stamp Act of 1977, 7 U.S.C. 2011 et seq; Code of Ala. 1975, §38-2-6(17); 7 C.F.R. Subtitle B, Chapter II Subchapter C Sections 272.8(e)(3), 272.8(f)(6), 273.2(b)(3), 273.2(e)(2)(i), 273.2(f)(1)(ii)(B), 273.2(f)(3), 273.2(f)(3), 273.2(f)(4)(i), 273.2(f)(7), 273.2(f)(7), 273.2(f)(8)(i)(A), 273.2(h)(2)(i)(A) and (B), 273.2(h)(3)(iii), 273.2(I)(4)(iii), 273.2(j)(3) thru (5), 273.2(k)(1), 273.10(g)(1)(1)(i)(B), 273.10(g)(ii) and (iii); Waiver I.D. 950032.

History: Effective May 10, 1985. Repealed and Replaced: Filed November 1, 1995; effective December 6, 1995. Amended: Filed May 5, 1999; effective June 9, 1999. Amended: Filed October 9, 2018; effective November 23, 2018.